TERMS OF SERVICE
1 - ACKNOWLEDGMENT AND ACCEPTANCE OF THE HOTLINE.COM TERMS OF SERVICE
The following Terms of Service ("TS") are the terms and conditions for use of the Hotline Service which Hotline.com provides to you, including without limitation to email and other Services which may be offered from time to time for use with your Hotline account, and which may be updated by us from time to time without notice to you. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account.
BY UTILIZING THE SERVICE YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND YOU ARE ELIGIBLE FOR AN ACCOUNT AND USE OF SERVICES, AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE TERMS OF SERVICE.
You can review the most current version of the TS at any time at our home page www.hotline.com. In addition, when using particular Hotline.com Services, you shall be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. Please read them carefully. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
2 - YOUR REGISTRATION OBLIGATIONS
To open an account, for any of the Hotline.com Services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hotline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hotline has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Hotline is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or legal guardians of children under the age of 18, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. You agree to notify Hotline immediately of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each session. Hotline cannot and will not be liable for any loss or damage arising from your failure to comply with this point.
- enforce the TS;
- ensure the proper functionality of the Hotline Service;
- conform to legal requirements or comply with legal process;
- protect and defend the rights or property of Hotline; or
- act to protect the interests of its members or others.
Hotline does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. Some personal information you provide to Hotline may be stored outside of the country in which you reside. You agree that Hotline may access your account, including its Contents, as stated above or to respond to Service or technical issues.
4 - MESSAGE STORAGE AND OTHER LIMITATIONS
Hotline may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hotline's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hotline is not responsible or liable for the deletion or failure to store messages or other information, communications or other Content maintained or transmitted by the Service. You acknowledge that Hotline reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hotline reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The amount of storage space per member is currently limited and some email messages may not be processed due to space constraints or outbound message limitations.
5 - MEMBER CONDUCT
As a condition of your use of the Service, you agree to use the Service only to send and receive personal messages. The Service is provided to individuals only and for personal use only. You warrant to Hotline that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of the Service, or the resale of its Services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the Content of your transmissions through the Service. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Hotline, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Hotline does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hotline be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Hotline official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers, create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, surveys, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (commercial or otherwise) except in those areas (such as shopping rooms) that are designated for such purpose;
- advertise or offer to sell or buy any goods or Services for any non-personal purpose.
- upload, post, email or otherwise transmit any material that contains software viruses Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar Services;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive; or
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- the emailing of age- inappropriate communications or Content to anyone under the age of 18.
Hotline does not pre-screen Content, but Hotline and its designees shall have the right (but not the obligation) in their sole discretion to monitor, review, retain, refuse, move and/or disclose any information or any Content that is available via the Service as necessary if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TS, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Hotline, its users and the public. Without limiting the foregoing, Hotline and its designees shall have the right to remove any Content that violates the TS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hotline or submitted to Hotline in any part of the Service. You acknowledge and agree that Hotline may preserve Content and may also disclose Content. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
6 - SPECIAL WARNING FOR INTERNATIONAL USE
Given the global nature of the Internet, you hereby agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7 - INDEMNIFICATION
You agree to indemnify and hold Hotline, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TS, or your violation of any rights of another.
8 - DEALING WITH ADVERTISERS & LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hotline has no control over such sites and resources, you acknowledge and agree that Hotline is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hotline shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource, or as the result of the presence of such advertisers on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
9 - LIMITATION OF LIABILITY & DISCLAIMERS
- THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOTLINE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- The information and Services included in or available through the Service may include inaccuracies or typographical errors. Hotline assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personal settings. Hotline and/or its respective suppliers may make improvements and/or changes in the Service at any time. Changes are periodically added to the information herein. Hotline does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Hotline does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
- You specifically agree that Hotline shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Hotline is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal Content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Hotline is not responsible for any Content sent using and/or included in the Service by any third party.
- In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based Content, and pay any Service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Hotline may create certain areas on the Service that contain adult or mature Content. You must be at least 18 years of age to access and view such areas.
- IN NO EVENT SHALL HOTLINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOTLINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
10 - PROPRIETARY RIGHTS
You acknowledge that Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Hotline, or Hotline's Advertisers or other Content providers, is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. You may make a copy of this Content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content available through the Service and its associated Web sites, including code and software. Hotline grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hotline for use in accessing the Service.
11 - MODIFICATIONS TO TERMS OF SERVICE
Hotline reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hotline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Hotline reserves the right to change the TS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TS on this Web site. You are responsible for regularly reviewing the TS. Continued use of the Service after any such changes shall constitute your consent to such changes.
12 - TERMINATION
Hotline may terminate your access to any part or all of the Service and any related Service(s) at any time, and remove and discard any Content within the Service, for any reason, including, without limitation, if Hotline believes that you have violated or acted inconsistently with the letter or spirit of the TS, or under other circumstances or without cause, with or without notice, effective immediately, for any reason whatsoever. Hotline may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TS may be effected without prior notice, and acknowledge and agree that Hotline may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hotline shall not be liable to you or any third-party for any termination of your access to the Service.
Hotline may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Hotline liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Hotline's actual damages, to the extent such actual damages can be reasonably calculated.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Hotline may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by Hotline. The amount of time that Hotline currently views as an "extended" period of time is a first log-on to email 10 days or later after registration and after an initial email log-on, 90 days since your last email log-on. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. Hotline shall have no obligation to maintain any Content in your account or to forward any unread or unsent messages to you or any third party.
13 - GENERAL INFORMATION
The TS constitute the entire agreement between you and Hotline and govern your use of the Service, superseding any prior agreements between you and Hotline. You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party Content or third-party software. The TS shall be binding upon and inure to the benefit of any Hotline successor companies or assigns.
14 - TITLE.
Title, ownership rights, and intellectual property rights in all Content and material that is part of, contained in, or accessed through the Hotline Service, and provided by either Hotline or sponsors or any other Content provider shall remain in Hotline and/or its sponsors or any other Content provider. User acknowledges and agrees that certain college, university, team, celebrity or business names contained within Hotline-mail addresses may represent protected trademarks and Service marks. Such Content and materials are protected by the copyrights, trademark, Service mark and patent laws and treaties.
Hotline respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact
15 - PUBLIC CONTENT POSTED TO HOTLINE
- For purposes of the TS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Hotline Chat Rooms or Services and Hotline Message Boards, but would not include private Hotline Chat Rooms or private Hotline communication Services such as Hotline Mail.
- With respect to Content you elect to post for inclusion in publicly accessible areas of Hotline Chat Rooms or Services or that consists of photos or other media you elect to post to any other publicly accessible area of the Service, you grant Hotline the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Hotline Chat Rooms or Services to which such Content was submitted, or, in the case of photos or other media, solely for the purpose for which such photo or media was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
- With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Hotline the royalty-free, perpetual, irrevocable, non-exclusive and fully licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
15 - HEADINGS
The section titles in the TS are for convenience only and have no legal or contractual effect.
16 - SEVERABILITY.
If any provision of the TS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TS remain in full force and effect.
17 - ACTION LIMIT.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18 - NO WAIVER.
No waiver on the part of Hotline to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.
19 - GOVERNING LAW.
The TS and the relationship between you and Hotline shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Hotline agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.